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Specification: JSR-000926 Java(TM) 3D 1.4 ("Specification")
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Version: 1.4
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Status: Maintenance Release
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Release: 7 February 2006
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Copyright 2006 SUN MICROSYSTEMS, INC.
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4150 Network Circle, Santa Clara, California 95054, U.S.A
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All rights reserved.
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<p>
LIMITED LICENSE GRANTS
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<p>
1. License for Evaluation Purposes. Sun hereby grants you a
fully-paid, non-exclusive, non-transferable, worldwide, limited
license (without the right to sublicense), under Sun's applicable
intellectual property rights to view, download, use and reproduce the
Specification only for the purpose of internal evaluation. This
includes (i) developing applications intended to run on an
implementation of the Specification, provided that such applications
do not themselves implement any portion(s) of the Specification, and
(ii) discussing the Specification with any third party; and (iii)
excerpting brief portions of the Specification in oral or written
communications which discuss the Specification provided that such
excerpts do not in the aggregate constitute a significant portion of
the Specification.
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<p>
2. License for the Distribution of Compliant Implementations. Sun also
grants you a perpetual, non-exclusive, non-transferable, worldwide,
fully paid-up, royalty free, limited license (without the right to
sublicense) under any applicable copyrights or, subject to the
provisions of subsection 4 below, patent rights it may have covering
the Specification to create and/or distribute an Independent
Implementation of the Specification that: (a) fully implements the
Specification including all its required interfaces and functionality;
(b) does not modify, subset, superset or otherwise extend the Licensor
Name Space, or include any public or protected packages, classes, Java
interfaces, fields or methods within the Licensor Name Space other
than those required/authorized by the Specification or Specifications
being implemented; and (c) passes the Technology Compatibility Kit
(including satisfying the requirements of the applicable TCK Users
Guide) for such Specification ("Compliant Implementation"). In
addition, the foregoing license is expressly conditioned on your not
acting outside its scope. No license is granted hereunder for any
other purpose (including, for example, modifying the Specification,
other than to the extent of your fair use rights, or distributing the
Specification to third parties). Also, no right, title, or interest in
or to any trademarks, service marks, or trade names of Sun or Sun's
licensors, Sun or the Sun's licensors is granted hereunder. Java, and
Java-related logos, marks and names are trademarks or registered
trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
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<p>
3. Pass-through Conditions. You need not include limitations (a)-(c)
from the previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of your
Independent Implementation or products derived from it. However,
except with respect to Independent Implementations (and products
derived from them) that satisfy limitations (a)-(c) from the previous
paragraph, You may neither: (a) grant or otherwise pass through to
your licensees any licenses under Sun's applicable intellectual
property rights; nor (b) authorize your licensees to make any claims
concerning their implementation's compliance with the Spec in
question.
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4. Reciprocity Concerning Patent Licenses.
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a. With respect to any patent claims covered by the license granted
under subparagraph 2 above that would be infringed by all technically
feasible implementations of the Specification, such license is
conditioned upon your offering on fair, reasonable and
non-discriminatory terms, to any party seeking it from You, a
perpetual, non-exclusive, non-transferable, worldwide license under
Your patent rights which are or would be infringed by all technically
feasible implementations of the Specification to develop, distribute
and use a Compliant Implementation.
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b. With respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2, whether or not their
infringement can be avoided in a technically feasible manner when
implementing the Specification, such license shall terminate with
respect to such claims if You initiate a claim against Sun that it
has, in the course of performing its responsibilities as the Sun,
induced any other entity to infringe Your patent rights.
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c. Also with respect to any patent claims owned by Sun and covered by
the license granted under subparagraph, where the infringement of such
claims can be avoided in a technically feasible manner when
implementing the Specification such license, with respect to such
claims, shall terminate if You initiate a claim against Sun that its
making, having made, using, offering to sell, selling or importing a
Compliant Implementation infringes Your patent rights.
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<p>
5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Sun's source code or binary code materials
nor, except with an appropriate and separate license from Sun,
includes any of Sun's source code or binary code materials; "Licensor
Name Space" shall mean the public class or interface declarations
whose names begin with "java", "javax", "com.sun" or their equivalents
in any subsequent naming convention adopted by Sun through the Java
Community Process, or any recognized successors or replacements
thereof; and "Technology Compatibility Kit" or "TCK" shall mean the
test suite and accompanying TCK User's Guide provided by Sun which
corresponds to the Specification and that was available either (i)
from Sun's 120 days before the first release of Your Independent
Implementation that allows its use for commercial purposes, or (ii)
more recently than 120 days from such release but against which You
elect to test Your implementation of the Specification.
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<p>
This Agreement will terminate immediately without notice from Sun if
you breach the Agreement or act outside the scope of the licenses
granted above.
</p>
<p>
DISCLAIMER OF WARRANTIES
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<p>
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
represent any commitment to release or implement any portion of the
Specification in any product. In addition, the Specification could
include technical inaccuracies or typographical errors.
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<p>
LIMITATION OF LIABILITY
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN
ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING USING THE
SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
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You will indemnify, hold harmless, and defend Sun and its licensors
from any claims arising or resulting from: (i) your use of the
Specification; (ii) the use or distribution of your Java application,
applet and/or implementation; and/or (iii) any claims that later
versions or releases of any Specification furnished to you are
incompatible with the Specification provided to you under this
license.
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RESTRICTED RIGHTS LEGEND
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U.S. Government: If this Specification is being acquired by or on
behalf of the U.S. Government or by a U.S. Government prime contractor
or subcontractor (at any tier), then the Government's rights in the
Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R. 227.7201 through
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
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<p>
REPORT
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<p>
If you provide Sun with any comments or suggestions concerning the
Specification ("Feedback"), you hereby: (i) agree that such Feedback
is provided on a non-proprietary and non-confidential basis, and (ii)
grant Sun a perpetual, non-exclusive, worldwide, fully paid-up,
irrevocable license, with the right to sublicense through multiple
levels of sublicensees, to incorporate, disclose, and use without
limitation the Feedback for any purpose.
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<p>
GENERAL TERMS
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<p>
Any action related to this Agreement will be governed by California
law and controlling U.S. federal law. The U.N. Convention for the
International Sale of Goods and the choice of law rules of any
jurisdiction will not apply.
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<p>
The Specification is subject to U.S. export control laws and may be
subject to export or import regulations in other countries. Licensee
agrees to comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain such licenses to
export, re-export or import as may be required after delivery to
Licensee.
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<p>
This Agreement is the parties' entire agreement relating to its
subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, conditions, representations and
warranties and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication between the
parties relating to its subject matter during the term of this
Agreement. No modification to this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.
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Rev. January, 2006
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Sun/Final/Full
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